CAN BOSS
POLITICALLY PRESSURE EMPLOYEE?

Q: Sometimes, corporations can get linked to hot-button political issues. Take Chick-fil-A as a timely example.

The fast-food chain’s chief executive, Dan Cathy, said he supported traditional marriage in an interview last month with The Baptist Press, attributing opinions to the organization.

The comments made national headlines and prompted demonstrations from people on both sides of the issue. There was the kiss-in from same-sex marriage supporters and national Chick-fil-A support day, when the chain said it made record sales.

But what about employees? Can the company require them to donate to a preferred campaign? Can an employer ask prospective workers their opinion on the issue to see if it matches the CEO’s before extending a job offer?

Firms like Chick-fil-A are not allowed to ask job candidates whether they will vote for politicians Barack Obama or Mitt Romney, or ask their opinion on issues like same-sex marriage. That’s because the topics have nothing to do with the tasks at hand, such as making a chicken sandwich. It can open the company to lawsuits.

On the job, an executive or supervisor cannot pressure employees to contribute to a political cause, Eaton said. They can extend an invitation to do so, but the line is drawn when it becomes more than a suggestion. That’s illegal under California labor code and can get the employer sued.

Eaton said the state’s Fair Employment and Housing Act does not prohibit discrimination based on political affiliations, like it does with things like race, religion and gender. However, state labor codes ban an employer from “adopting any rule or policy that tends to control or direct the political activities or affiliations of employees.”

The labor codes also say a boss cannot threaten to fire an employee for refusing to support a political candidate or measure.

Eaton said that law can be extended to the job interview — asking political questions could make it easier for an applicant to argue in court that a hiring decision was based on an illegal question.

For instance, asking for an opinion on the issue of same-sex marriage could be taken as an indirect inquiry into a candidate’s sexual orientation, even acknowledging heterosexuals are on both sides of the issue. Eaton said the laws would be enforced by a judge.

“The more an employer’s suggestion or invitation to engage in political activity becomes job-related pressure to do so, the more likely it is an employer will be found to have violated California’s prohibition on an employer controlling or directing the political activities of employees,” Eaton said. “The prudent employer will stay a good distance from that line rather than face being second-guessed in court.”